Lynn Johannson, Advisor, Sustainability and ESG
January 4th, 2024
Lynn Johannson, President of E2 Management Corporation and Catalyst for THE Collaboration
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Ontario Securities Commission “Doesn’t Really Know What’s Going On” in Blockchain Fintech, Says Lawyer
Crowdfund Insider | | Jul 9, 2018
The Ontario Securities Commission (OSC) published its 2018-2019 “Statement of Priorities” June 5th, but the document provides zero helpful guidance to Ontario companies trying to engage with cutting-edge blockchain-based financial technologies, says Toronto-based blockchain lawyer Amy ter Haar.
The “OSC…Statement of Priorities for the Financial Year to End March 31, 2019” restates the commission’s ongoing commitment to investor protection, reduction of regulatory burden and the enhancement of staffing diversity.
But according to ter Haar, when it comes to areas like ICOs (Initial Coin Offerings), “tokenized securities” and blockchain for fintech, the agency is painfully vague.
“The entire investment community is looking to the OSC and CSA for guidance around blockchain and cryptocurrencies and it is disappointing that this hasn’t been highlighted as a priority,” wrote a frustrated Ter Haar via LinkedIN.
While it is clear from the “Statement of Priorities” that the OSC has many concerns in its purview, the document’s reliance on fuzzy platitudes regarding Fintech suggests sluggishness at commission and the downright neglect of a growth industry supercharging across the globe:
“There are two sides to industry health. Investor protection is just one side of it…However we categorize cryptocurrencies and tokenized assets, (they) will inform and shape securities regulation (in) the 21st century and influence the health of the entire industry. I can’t believe it isn’t identified as a strategic priority.”
Ter Haar is very clear about what’s needed. “We need KPIs (Key Performance Indicators) for all new and existing regulations (designed to protect ICO investors). We need a purpose and reporting model.”
Besides the trading of “crypto assets,” which is well underway globally, transnational industrial blockchains are being proposed to help manage complex supply chains and trade finance routes. Some are envisioning “self-sovereign identity” blockchains and systems for health records, with all these systems seeking to trot their innovations stealthily across jurisdictions.
The possibilities and risks are many, and regulators must stride in and get their hands dirty for the good of the citizenry.
“Blockchains, as cross-border networks, are not yet regulated by international or national laws. As long as data is managed on a global decentralized network, the protection and security concerns are numerous — especially in places with more autocratic governments, less corporate regulation, and populations already in peril – and this, in turn can impact Canadians,” says Ter Haar.
The entire investment community is looking to the OSC and CSA for guidance around #blockchain and cryptocurrencies and it is disappointing that this hasn’t been highlighted as a priority
It is a of time exponential change that calls for extraordinary leadership, and without precise, informed and visionary action, the OSC could even falter on its basic commitment to investor protection:
“With the ongoing blurring lines between the real and digital world, there have been increasing concerns of data ownership and access to services. With all of these innovations, there needs to be adequate protections in place to protect investors.”
More: NCFA Response to OSC's statement of Priorities (Year end March 2019)
For Ter Haar, the OSC’s report on its own priorities is quite damning:
“I’m generally supportive of the overall direction of the OSC goals and proposed priorities…(However) provincial, state-level and international policy networks need to adapt and allow for innovations while providing adequate legislation that provides a base-level guidance on what can and can’t be accomplished with blockchain. I wish the OSC would lead the way but without naming this as a strategic priority, it just simply won’t happen and I wish it would. I can only conclude that they don’t really know what’s going on – which is really quite scary because if it isn’t their business and mandate to know, I don’t know whose it is.”
I wish the OSC would lead the way but without naming this as a strategic priority, it just simply won’t happen and I wish it would. I can only conclude that they don’t really know what’s going on
Editor’s Note: The OSC is not alone in its struggle to regulate the era of digital assets. The USA, for one, has only slowly outlined a regulatory approach to cryptocurrencies and the issuance of securities on blockchain. Today, in the US, it is generally accepted that all digital assets are regulated by existing securities law, but questions remain as to whether current rules need to be updated to better accommodate this type of Fintech innovation.
Some other countries have selected a path of creating a jurisdiction of preference for ICOs (or perhaps security tokens). Switzerland is regaining some of its financial luster as the Swiss Financial Market Supervisory Authority (FINMA) has partnered with the blockchain industry to encourage change. This past week, SIX Group – the parent company of the Swiss Stock Exchange – announced the launch of a regulated digital assets exchange. France has revealed its intent to embrace digital assets as well. Bespoke regulation is in the works and should become law by early 2019. Of course, Malta has recently passed legislation designed to boost blockchain innovation on the EU island nation.
Continue to the full article --> here
The National Crowdfunding & Fintech Association of Canada (NCFA Canada) is a cross-Canada non-profit actively engaged with cryptocurrency, blockchain, crowdfunding, alternative finance, fintech, P2P, ICO, STO, and online investing stakeholders globally. NCFA Canada provides education, research, industry stewardship, services, and networking opportunities to thousands of members and subscribers and works closely with industry, government, academia, community and eco-system partners and affiliates to create a strong and vibrant crowdfunding and fintech industry. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: ncfacanada.org
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Regulation | April 10, 2025 SEC Says Some Fully Backed, Payment-Only 'Covered Stablecoins' Aren’t Securities On April 4, 2025, the U.S. Securities and Exchange Commission (SEC) issued a statement that clarified some U.S. dollar-backed stablecoins may not be considered securities. While the statement was welcomed and creates some breathing room for crypto and fintech projects, the announcement ignited an internal debate at the SEC and many are wondering what's next. Covered Stablecoins The SEC said certain U.S. dollar-backed stablecoins (referred to as 'Covered Stablecoins') are not considered securities if they have all of the following characteristics: Stablecoin must maintain a 1:1 fixed value equal to the U.S. dollar, without fluctuations Each stablecoin must be fully backed by an equivalent amount of high quality assets such as U.S. Treasury bills, cash, or cash equivalents that can be redeemed on demand. These assets must be held in custody and verified regularly No expectation of profit - cannot be promoted as an investment or marketed in a way that leads buyers to expect profit from simply holding the token See: U.S. Senate Moves to Regulate Stablecoins No voting rights, control over the issuer, or shares in any profit or management decisions (no governance) ...
Funding | April 10, 2025 Regulation Crowdfunding Markets Show Tariffs Straining Innovation Economy Regulation Crowdfunding (RegCF) has proven to be a resilient market for early stage entrepreneurs and investors alike. When uncertainty strikes, it's often traditional venture capital that pulls back, while the community-driven model continues to offer early stage start-ups access to capital allowing them to innovate. However, just in from Sherwood (Woodie) Neiss, NCFA Advisor and Principal at Crowdfund Capital Advisors, data shows that tariffs are starting to strain RegCF markets - from March 10 to April 9, 2025: RegCF investment volumes declined by 24% (yoy) to just $57.48 million New campaign launches dropped over 40% Number of investor checks also declined by 15% Average capital raise size dropped to $720,000 (from $1.2 million) Sherwood Neiss, Principal at Crowdfund Capital Advisors: “We’re seeing the first real signs of pullback in what has otherwise been a resilient funding ecosystem. The numbers tell a story not of panic, but of pause. Investors and issuers alike are waiting for clarity—on costs, on policy, and on risk.” Tariffs Introduce New Risks for Early-Stage Companies In a volatile environment where U.S. tariffs are levied one day, and then paused the next, founders must now face ...
Economy | April 10, 2025 Trump Temporarily Halts Tariffs for Most Countries But Keeps Pressure on Canada, Mexico, and China On April 10, 2025, President Trump announced a 90-day pause on most of the newly implemented global trade tariffs after market backlash and political pressure. The break was extended to countries in Europe, Asia, and parts of South America, but Canada, Mexico, and China are still under tariff pressure. Strategic Pause, Not for Everyone While Trump paused the most recent tariffs for over 75 countries, U.S. tariffs still apply to Canada and Mexico primarily on cars and auto parts (25%), steel (25%), aluminum (10%), and some agricultural products like dairy, grains, and processed foods, and continue to affect cross border trade in manufacturing and farming sectors. Trump's pause also didn't apply to China In fact, Tariffs on Chinese good were raised to 125%, as China hit back with an 84% tariff on U.S. goods and filed new complaints with the World Trade Organization. See: Klarna Delays IPO As Markets React to Trump’s Tariffs After the tariff pause was announced, markets surged with the S&P 500 exploding 9.5%, the largest one day gain since World War II, according to Business Insider ...
Funding | April 9, 2025 Toronto’s Tailscale Secures $230M and $2B Valuation for Identity-First Networking On April 8 2025, Toronto-based Tailscale announced that they raised $230 million CAD Series C (about $160 million USD), valuing the company at approx $2 billion CAD. The round was made up of U.S. investors, led by Accel, CRV, Insight Partners, Heavybit, and Uncork Capital, along with some prominent individual investors notably George Kurtz CEO of CrowdStrike (returning investor) and Anthony Casalena CEO of Squarespace. New funds will be used to grow product and engineering teams, expand globally, and improved support for fast scaling customers. Tailscale - A Shift from IP Addresses to Identity Tailscale was founded in 2019 by former Google engineers Avery Pennarun, David Crawshaw, David Carney, and Brad Fitzpatrick, and officially launched in April 2020 to help users connect devices and apps securely without relying on traditional VPNs, IP rules, or firewalls. Tailscale uses a technology called WireGuard which is easy to setup and lets devices connect directly to each other, safely and privately. What's unique about Tailscale is its approach to solving networking challenges. Instead of relying on where a device is located (IP address), it focuses on who or what is connecting. This ...
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